MILLER v. STATE

No. 5D14-4154.

157 So.3d 364 (2015)

Bobby W. MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 26, 2015.


Attorney(s) appearing for the Case

Bobby Miller, Chipley, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, Marjorie Vincent-Tripp , and Ann M. Phillips , Assistant Attorney Generals, Daytona Beach, for Appellee.


The lower court denied Appellant's postconviction motion, which challenged the legality of his sentence on Count IV. The State concedes error because the oral pronouncement of a sixteen-year sentence on Count IV, involving a second-degree felony, exceeds the statutory maximum of fifteen years. Although the parties are technically correct, because...

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